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Friday, January 31, 2014

Wyoming History In The Making: Janaury 30, 2014. Attorney General to ask for Hill rehearing.

The Attorney General of Wyoming indicated that the State would file a petition for a rehearing in the Hill case.

Rehearings are very rarely granted, and its even rarer for the justices to reverse themselves.  However, I have seen them do both, and have even seen an instance in which the court took a matter up on its own initiative and reversed itself.  The State must feel that with a 3 to 2 decision, it may be able to craft an argument to convince at least one justice, a gamble which in legal terms it is probably worth the State's time and effort to take.

As a practical matter, Mrs. Hill was elected in 2010 and her term of office is four years.  This position will accordingly be up for election in 2014 and Mrs. Hill has declared for gubernatorial campaign.  It will take some time for a rehearing petition to even be considered, which would probably place the decision on that question into late February at the earliest.  If the petition were to be granted, chances are high that the question wouldn't be heard until April or May, and the decision might not be made until June or July, by which time her term will nearly have expired, presuming that the Legislature doesn't determine to act on a Bill of Impeachment, which has not yet been filed but which was at least being considered.

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